OTHER COMMERCIAL TERMS. 5.1 The Predelivery Payments for Backlog Aircraft (excluding Converted A321 Backlog Aircraft), is as set forth in Clause 5.3 of the Agreement as modified by Paragraphs 1.1 and 2 of Letter Agreement No. 2 to the Agreement.
5.2 The Predelivery Payments for NEO Aircraft (excluding the Incremental A321 NEO Aircraft, Converted A321 NEO Aircraft, Additional A321 NEO Aircraft and A321 LR Aircraft) is as set forth in Clause 5.3 of the Agreement as modified by Paragraphs 1.2 and 2 of Letter Agreement No. 2 to the Agreement.
5.3 The Predelivery Payments for Converted A321 Backlog Aircraft and Incremental A321 Aircraft, is as set forth in Clause 5.3 of the Agreement as modified by Paragraphs 1.3 and 2 of Letter Agreement No. 2 to the Agreement.
5.4 The Predelivery Payments for Incremental A321 NEO Aircraft and Converted A321 NEO Aircraft is as set forth in Clause 5.3 of the Agreement as modified by Paragraphs 1.4 and 2 of Letter Agreement No. 2 to the Agreement.
5.5 The Predelivery Payments for Additional A321 Aircraft is as set forth in Clause 5.3 of the Agreement as modified by Paragraphs 1.5 and 2 of Letter Agreement No. 2 to the Agreement.
5.6 The Predelivery Payments for Additional A321 NEO Aircraft is as set forth in Clause 5.3 of the Agreement as modified by Paragraphs 1.6 and 2 of Letter Agreement No. 2 to the Agreement.
5.7 The Predelivery Payments for A321 LR Aircraft is as set forth in Clause 5.3 of the Agreement as modified by Paragraphs 1.7 and 2 of Letter Agreement No. 2 to the Agreement.
5.8 The purchase incentives applicable to the A319 NEO Aircraft are set forth in Paragraphs 4.1 through 4.3 Letter Agreement No. 1 to the Agreement.
5.9 The purchase incentives applicable to the Additional A321 Aircraft are set forth in Paragraph 9 of Letter Agreement No. 1 to the Agreement. [***] Represents material which has been redacted and filed separately with the Commission pursuant to a request for confidential treatment pursuant to Rule 24b-2 under the Securities Exchange Act of 1934, as amended.
5.10 The purchase incentives applicable to the A321 NEO Aircraft are set forth in Paragraphs 6.1 through 6.3 of Letter Agreement No. 1 to the Agreement.
5.11 The purchase incentives applicable to the Additional A321 NEO Aircraft are set forth in Paragraph 10 of Letter Agreement No. 1 to the Agreement.
5.12 The purchase incentives applicable to the Converted A321 LR Aircraft are set forth in Paragraphs 11.1 through 11.4 of Letter Agreement No. 1 to the Agreement.
5.13 ...
OTHER COMMERCIAL TERMS. 2.1 Any and all Predelivery Payments [***] described in Clauses 1.1 to 1.2 herein [***]. [***] Represents material which has been redacted and filed separately with the Commission pursuant to a request for confidential treatment pursuant to Rule 24b-2 under the Securities Exchange Act of 1934, as amended. Dec 2017_CT1303281_JBU_A320F_AMD 8 Page 2/13 4849-0110-8060.2 2.2 Clauses 8.6 and 8.7 of Amendment No. 4 to the Agreement are deleted in their entirety and replaced with the following quoted text: QUOTE
8.6 [***]
8.7 [***] UNQUOTE
OTHER COMMERCIAL TERMS. 2.1 Any and all Predelivery Payments that the Buyer has paid to the Seller and which would no longer be due as a result of the rescheduling described in Clauses 1.1 to 1.10 herein [***].
2.2 Clauses 8.6 and 8.7 of Amendment No. 4 to the Agreement are deleted in their entirety and replaced with the following quoted text: QUOTE
8.6 [***]
OTHER COMMERCIAL TERMS. 8.1 The Predelivery Payments for the Additional A321 Aircraft are as set forth in Clause 5.3 of the Agreement as modified by Paragraphs 1.5 and 2 of Amended and Restated Letter Agreement No. 2 to the Agreement dated as of even date herewith.
8.2 The Predelivery Payments for the Additional A321 NEO Aircraft are as set forth in Clause 5.3 of the Agreement as modified by Paragraphs 1.6 and 2 of Amended and Restated Letter Agreement No. 2 to the Agreement dated as of even date herewith.
8.3 The purchase incentives for the Additional A321 Aircraft are as set forth in Paragraphs 9.1 through 9.3 of Amended and Restated Letter Agreement No. 1 to the Agreement dated as of even date herewith.
8.4 The purchase incentives for the Additional A321 NEO Aircraft are as set forth in Paragraphs 10.1 through 10.3 of Amended and Restated Letter Agreement No. 1 to the Agreement dated as of even date herewith.
8.5 The [***] applicable to the Additional A321 Aircraft and the Additional A321 NEO Aircraft is as set forth in Paragraph 12 of Amended and Restated Letter Agreement No. 1 to the Agreement.
8.6 [***]
8.7 [***]
8.8 The Delivery Schedule for the Additional A321 Aircraft and Additional A321 NEO Aircraft [***] as set forth in Clauses 8.6 and 8.7 above.
8.9 The Buyer hereby irrevocably selects IAE V2533-A5 engines as the Propulsion System for all Additional A321 Aircraft.
OTHER COMMERCIAL TERMS. 8.1 Any and all Predelivery Payments [***] described in Clauses 5.1 to 5.9 herein [***].
8.2 Clauses 8.6 and 8.7 of Amendment No. 4 to the Agreement are deleted in their entirety and replaced with the following quoted text: QUOTE
OTHER COMMERCIAL TERMS. The Thailand Annex is not intended to limit parties' freedom to incorporate other commercial terms and additional issues which may arise subject to appropriate consideration and advice. In the event that the Transaction is agreed upon by the parties to be in the nature of buy and sell back, a careful review of commercial terms provided in Buy/Sell Back Annex is highly recommended.
OTHER COMMERCIAL TERMS. The Predelivery Payments for [***] Aircraft (excluding [***], is as set forth in Clause 5.3 of the Agreement as modified by Paragraphs 1.1 and 2 of Letter Agreement No. 2 to the Agreement.
OTHER COMMERCIAL TERMS. The following provisions apply to the A321 Aircraft:
4.1 The Predelivery Payment schedule for A321 Aircraft is as set forth in Clause 5.3.3 of the Agreement as modified by Paragraph 2.1 of Letter Agreement No. 1 to the Agreement.
4.2 The ***** applicable to the A321 Aircraft are set forth in Paragraph 4 of Letter Agreement No. 2 to the Agreement.
4.3 The ***** applicable to the A321 Aircraft is set forth in Paragraph 6.1 or 6.2, as applicable, of Letter Agreement No. 2 to the Agreement.
OTHER COMMERCIAL TERMS. 3.2.1 Office Space for the Company
3.2.2 VGB shall lease to the Company up to 1,000 square feet of office space (the “Office Lease”) at the following address: 12th Floor, Menara Lien Hoe No. 8 Persiaran Tropicana Tropicana Golf & Country Resort 00000 Xxxxxxxx Xxxx, Xxxxxxxx, Xxxxxxxx
3.2.3 The Office Lease shall commence on 17 July 2017, and shall subsist for the duration of this Agreement.
3.2.4 The rental charges under the Office Lease shall be calculated at the rate of MYR3.50 (Malaysian Ringgit Three Dollars and Fifty Sen) per square foot per month. For the avoidance of doubt, the rent accrued in any given month under the Office Lease shall be calculated based on the actual amount of office space used by the Company in that month.
3.2.5 The rental charges under the Office Lease shall not be immediately payable and shall instead accrue as a shareholder’s loan from VGB to the Company (“Shareholder Loan”). The Company shall at its sole discretion decide when to repay the Shareholder Loan, PROVIDED that the full amount of the Shareholder Loan shall become immediately due and repayable upon the termination of this Agreement.
OTHER COMMERCIAL TERMS. Products shall be delivered Ex-works Rancho Cordova, CA, USA, including packaging for air/road transportation and labeling according to GEHC requirements. Provisions concerning transfer of title and other commercial terms which are not specifically stipulated in the articles of this Agreement are contained in GEHC’ Standard Terms and Conditions of Purchase set forth in Attachment F. GEHC shall cover the cost of shipment from GEHC warehouse, installation, warranty, commission for GEHC Sales team and other distribution costs. Subject to the terms of Article 4, VC shall provide Product Specialist and sales tools support to GEHC transactions. GEHC shall have access to the content of VC sales tools, but VC shall not be obligated to provide GEHC with printed materials. GEHC shall feature the s5i/GE in its booth and advertise as appropriate at agreed upon symposia and tradeshows. VC shall be able to feature s5i and the s5i/GE in their exhibitions and symposia as well. Systems sold by GEHC shall retain the Volcano name. GEHC and VC will agree upon a trademarked name for the s5i/GE. The SW feature to be loaded by GEHC onto the GEHC “Innova Central” Touchscreen” will be branded by GEHC as “Innova IVUS”. VC shall be responsible for ongoing disposable and software upgrade transactions and logistics per normal business practices (VC will bare the cost of and receive the revenue for any and all disposables and software and hardware upgrades once a unit is placed by GEHC).
